[Added 9-17-2013 by Ord. No. 2013-5]
The issuance of modifications from the literal dimensional requirements
of the Zoning Ordinance in the instance of the construction, alteration,
or structural modification of a structure or lot of record is allowed.
The Zoning Enforcement Officer is authorized to grant modifications.
The maximum percent allowed for a modification shall not exceed 10%
of any of the dimensional requirements specified in the Zoning Ordinance.
A modification does not permit moving of lot lines. Within 10 days
of the receipt of a request for a modification, the Zoning Enforcement
Officer shall make a decision as to the suitability of the requested
modification based on the following determinations:
A. The modification requested is reasonably necessary for the full enjoyment
of the permitted use;
B. If the modification is granted, neighboring property will neither
be substantially injured nor its appropriate use substantially impaired;
C. The modification requested is in harmony with the purposes and intent
of the Comprehensive Plan and Zoning Ordinance of the city or Town;
and
D. Upon an affirmative determination, the Zoning Enforcement Officer
shall notify the Technical Review Committee and, by first class mail,
all property owners abutting the property which is the subject of
the modification request, and shall indicate the street address of
the subject property in the notice. If written objection is received
within 30 days, or the Technical Review Committee recommends the application
be referred to the Zoning Board, the request for a modification shall
be denied. In that case the changes requested will be considered a
request for a variance and may only be issued by the Zoning Board
of Review following the standard procedures for variances. If no written
objections are received within 30 days, the Zoning Enforcement Officer
shall grant the modification. The Zoning Enforcement Officer may apply
any special conditions to the permit as may, in the opinion of the
officer, be required to conform to the intent and purposes of the
Zoning Ordinance. The Zoning Enforcement Officer shall keep public
records of all requests for modifications, and of findings, determinations,
special conditions, and any objections received. Costs of any notice
required under this subsection shall be borne by the applicant requesting
the modification.